Arkport board tells former clerk, others to pay village back for sick and vacation time disbursements

Friday

Jan 25, 2008 at 12:01 AMJan 25, 2008 at 11:40 PM

Locks to be changed on village hall: Criminal probe looms: Files could be missing

Jen Carpenter

While Arkport residents may feel vindicated the village board is finally taking action, some think it's too late.

The board conducted an emergency meeting at 2 p.m. Thursday - called by trustees Marianne Matacale, Neil Sliter and Jerry Clark - most of which was spent in executive session to discuss “personnel” and “possible litigation” against former village Clerk Margaret Horan.

Following the nearly two-hour executive session, it was learned Horan will have to repay the village the $25,749 she was paid for unused sick and vacation time. DPW Superintendent Bob Mauro and Deputy Clerk Patty Gambino also will have to repay the money they received.

“The money that has been paid for time that was accrued, according to our attorney this morning, will be repaid to the village,” said Arkport Mayor A.J. Patti.

Also Thursday, the board ordered locks changed at village hall, and that new passwords be issued for computers. Gambino pointed out a television Horan took from the hall Monday night was hers, and she did not take any file cabinets, but also that some files are missing.

“We're looking for some stuff that we can't put our fingers on right now,” she said.

Patti admitted to signing one check to Horan for the unused time, but said that was worth just over $4,000. Gambino said two more checks were signed by Horan, and another was given to her through direct deposit.

Clark said the board did approve $9,819 for Horan. Patti said the total amount was only supposed to be about $18,000, including what was paid to Gambino and Mauro. He said the payments were deemed illegal because they were acted on during a budget meeting and not a regular board meeting.

“I'm not making excuses for my actions or anybody else's,” Patti said. “All I know is that I've always been here with the taxpayers. We've had bumps and bruises and we get by them. I don't know what to tell you.”

Patti said once the money is returned, the village's budget will account for the funds. He also said the village will institute a policy to account for two signatures on checks.

Patti said the board would write Horan a letter thanking her for her time and informing her the village no longer needs her services. The village will have to pay Horan her base salary until Feb. 14, according to Patti, under the advice of New York Conference of Mayors in reference to state Public Law 36, which deals with removal of an official from office.

The board now is looking into pressing charges against Horan.

“This is an ongoing thing and that's why we're kind of limited as far as what you're going to hear from us today,” Patti said. “It's a definite something that's being looked into by our legal counsel.”

District Attorney John Tunney this morning said the office has not been contacted regarding the issue.

Matacale said once Clark and Sliter read the recent audit report by Wheat and Fitzpatrick of Bath, something didn't sit right with them.

“They were puzzled also as to why the audit report was held from them” she said. “The mayor, Jerry and Neil were shocked at the figure.”

Matacale said this morning Sliter and Clark then saw the payroll, which revealed how much money Horan was making.

“Their worst fears were confirmed,” she said.

Matacale said she can't fault the board for being deceived, but respects them now for wanting to do the right thing.

Horan was present at the meeting, and followed the board into the clerk's office, where the executive session took place, but was told to leave by board members and on the advice of village Attorney Brian Schu and NYCOM, both of which were called during the executive session. The board, however, specifically asked Gambino to accompany them into executive session.

After the executive session

Following the executive session, it was decided the account for the village's debit card to Five Star Bank, worth $900, will be canceled.

The board also will change the locks on all the doors to village hall, and will keep a list of who has keys. Patti said he, Gambino, Mauro and DPW worker Brad Pucula should have keys, and a couple extra keys will be locked in a safe.

Matacale suggested Gambino get a receipt book to account for all money paid to the village.

Gambino will serve as the village's interim clerk and treasurer. Patti said it is unknown if the village office hours will change. He said the village will bring someone in to help answer the phones and do typing.

The taxpayers react

“When it was revealed in the final audit that Mrs. Horan had received over $25,000 in compensation, why wasn't she fired?” asked resident Susie Thompson.

Patti said he was unaware of the large payment until he received the final audit report.

Resident Bonnie Bossie said she doesn't think the board had the taxpayers in mind.

“We've all been here, meeting after meeting after meeting trying to ask questions, trying to resolve answers,” she said. “You wouldn't let anybody speak. You didn't give people answers, and I'm not just talking about you Tony, I'm talking about Jerry and Neil, and you've all sat there when all these questions came out and not give anybody answers. You called an emergency meeting today. What is the meeting really about, that Margaret turned in her resignation? Because we know that. I guess I don't understand, are you all trying to make up for the past?”

“It's pretty difficult to stand up here and have people screaming and hollering at you and try to carry on business, and I don't see that any place else,” Patti responded. “I've always addressed people that wanted to talk and not scream and holler. When it comes to that, I'm not going to listen to it. I'll listen to anybody that is a little bit civil.”

Bossie said the angry outbursts only came after nobody was allowed to speak during meetings.

“I try to leave my personalities outside,” Patti said.

Angela Caldwell, Arkport resident and Hornellsville town board member, asked how the clerk could accumulate almost $26,000 in only seven and a half years of employment

“I can't imagine that she could accumulate that kind of money, never had a vacation, never was sick, never nothing,” she said. “I mean $26,000 is a lot of money.”

Caldwell told Patti she was reprimanded verbally and told “Margaret was the best thing that ever happened” to the village.

“At the last meeting, Margaret stood there three times and challenged me as a resident of this village,” she said. “She made me the focus of her wrongdoing. She challenged me, and you allowed it. The board allowed it, and you allowed it, three times she challenged me. And then she points her finger at me and says ‘Angela Caldwell you should be ashamed of yourself.' And I never answered until she said that... I said, ‘No Margaret, you should be ashamed of yourself.' So don't try to put the blame on my shoulders.”

“I'm putting the blame no place,” Patti added.

Matacale said responsibility for the matter is now in the open.

“Now comes the time when we know who should be ashamed of themselves,” she said. “We're well aware of who really should be ashamed of themselves.”

Resident Barb Roderick asked the board members how they feel about listening to the taxpayers now that everything is out in the open.

“We were seeking to find the truth, that's all we wanted to know,” she said.

Clark said he felt differently after learning what actually happened and how much money Horan was paid.

“I found it necessary to do something right away,” he said, adding he and Sliter approached Matacale to find out what needed to be done to deal with the mistake, work through the problem and do what's right.

An ‘explanation' for cell phone and credit card use

Talk of an audit came only after several issues were uncovered in the village - after The Evening Tribune and several residents submitted Freedom of Information Law requests - among them that Horan had used a cell phone and village-issued credit cards for personal purchases.

Patti said he is “completely confident” the cell phone and credit card issues are resolved.

“Every time we have an article in the paper it starts from the cell phones on and it doesn't make this village look very good,” he said.

Patti said the credit cards have been destroyed at his order.

Gambino said Fitzpatrick made her determination all cell phone bills were not reimbursed, because the people that had extra phone lines, which cost $9.95 per month, were not charged part of the base cost for a plan. She said some outstanding bills were paid after the end of the fiscal year in May, which wasn't covered in the audit.

Gambino also said reimbursements for credit card purchases couldn't be verified by Fitzpatrick because the board had no purchase order policy in place.

Never miss a story

Choose the plan that's right for you.
Digital access or digital and print delivery.